LexFather

Your only "Case" if you provide documentation that you asked was the car free from any damage and they agreed that it wasn't. Otherwise CPO cars many times are in accidents but deemed not substantial enough to negate car value or the performance of the vehicle.

CarFax and Autocheck can miss things. When we bought my wifes RXh CPO the dealer and I called the previous owner so we could find out as much as we could about the vehicle.

Your best bet is likely talk to the dealer and explain you bought a car involved in an accident and you would like some free service and/or possible switch to a different vehicle. It won't be worth your time or money in court.

rominl

iTrader: (4)

again, very up front, i feel for you. i would not be happy too.

but with that said, i am not surprised if the dealership did inspect the car before putting it on the lot. bottom line is there is no law / rule saying that a dealership can't sell cars that have been in accidents before. absolutely no regulation on that. to be honest, that's probably why this car is NOT certified (3 extra yr or 100k miles warranty), because it doesn't pass the collision requirement for CPO. how many point inspection doesn't mean anything, if it's not CPO...

oohpapi44

iTrader: (1)

What he said. And the fact that you didn't know if it was CPO or not from your earlier post likely means you weren't properly educated on how to buy a used car. Regardless if it's Lexus or Hyundai, its your money you're spending and it's on you to get the best value for your bucks. You bear a large portion of the responsibility here unless you have something in writing from the dealer saying the car has been misrepresented.

I'm still curious to know how you ended up at a body shop 3 months after purchase? Was the car not running properly?

This is a pretty hard description for a car you just spent your money on.

GFM2Fitty

I wasn't at a body shop. I was at a performance shop to get my drop springs installed and no I didn't get them installed after the tech and I found out about it. I guess the first thing is to search for that paper says "wasn't damaged"

Allen K

iTrader: (4)

Not to pile on, but if the paint job was that bad, how come you didn't notice until someone pointed it out?

GFM2Fitty

okay so here's my mistake. I'm a car lover and been through lotta cars. With that said, I know how to tell if it's been repainted or not. BUT! at the time when I was purchasing the car, I noticed all these "nice" stickers on the windows saying one owner, carfaxed, all inspections done, full bumper to bumper warranty etc. So I like the car and just took a quick look around the car and didn't find anything. The paint is not THAT horrible and noticeable to normal ppl's eyes but with our eyes, we can definitely tell it has been repainted...so here's the conclusion...I'm a dumbass trusting the dealership and again...I never knew actual Lexus dealers would do something horrible like this. I always thought those ghetto/private dealers would do things like this...sigh...well I learned my lesson but I'm definitely gonna go back to that ghetto Lexus dealer (cerritos eh hem!) and give them few s h i t's in front of all customers.

oohpapi44

iTrader: (1)

lol, I can understand your frustrations but if it turns out the dealer wasn't being shady, taking a different approach might net you better results.

Find your paperwork first and see how the car was being presented at the time of sale (accident free)

If there's no evidence to the contrary, like others have mentioned, the dealer didn't try to rip you off as they had no obligation to disclose and aren't at fault. Talking (lol yes, just talking) to the owner might get you some satisfaction depending how you present your case. But I would suggest you confirm your standing before you go in as I don't see anything blatant to suggest you got ripped off. Taken advantage of in the process; probably, but not ripped off.

Good luck though and please keep us updated as there are some large chunks from the story missing.

acheparev

He could argue that by saying "Carfaxed" the dealership implied it was accident free. If I saw that sticker, I would assume it's accident free.

He can also try and get his own Carfax and see if it truly is clean.

PhilipMSPT

iTrader: (5)

Implications and assumptions are not good defenses.


Just because I'm dating a girl who wears a rosary doesn't imply/assume that she's a virgin...

rominl

iTrader: (4)

dealership didn't imply anything, they stated a truth (as long as the report is really clean)

OP can take it up to carfax if anything, but that's probably a dead end

Och

iTrader: (3)

Dude, at this point you're better off just going to a good body shop, and getting a quote on getting the car properly repaired. Bring the quote to the dealership where you purchased the car, and see if they will agree to cover some of the cost as a goodwill gesture.

Your other option would be to hope that the car will set itself on fire, and let the insurance company buy it from you

IS-SV

CPO certification does make a big difference (legally) when this type of issue comes up.

PureDrifter

iTrader: (10)

just wanted to point out that several things have yet to be addressed:
-3 months is MORE than enough time for your car to be both damaged and repaired before you go back to the dealer. it is going to be hard to prove that the car was in that condition when YOU bought it.
-the dealership has to insure that the vehicle they sell is ROADWORTHY, this obviously means that a properly repaired vehicle (mechanically, not necessarily aesthetically) would clear their insurance woes.

teeder27

I'm pretty sure that a CPO Lexus can have been in minor accidents- a friend in Texas bought an F that when carfax was run, showed 2 minor front end accidents.

Another problem with carfax is that it takes awhile for the accident to be reported to carfax- A buddy of mine was sideswiped in his Murano in May, and to this day, it does not show on carfax- and it was an insurance claim.

I don't think that the OP has a case against Lexus at all- There's nothing illegal about selling a car that has been in an accident, and if the dealer ran a carfax and it didn't show, just means that the accident could have been more recent and has not been uploaded to the VIN number in carfax's database, or the damage was not repaired through an insurance company. Could have been a rental car- who knows- Rental agencies get most damage fixed on rentals without it showing up on carfax- how? I'm not 100% sure.

Good Luck

spwolf

you need to talk to the dealer first and see what their response is... there is little chance that they didnt know about it.

so instead of writing here, go to the dealer and demand that they either take the car back or give you another car of similar value.